Regularisation cannot be a mode of recruitment, and daily wage workmen are not entitled to regularisation.

M.M.Kumar and Ritu Bahri JJ.

1. This petition filed under Article 226 of the Constitution challenges award dated 20.2.2003 (P-7) passed by the Industrial Tribunal, Punjab, Chandigarh (for brevity, the Tribunal) directing the petitioner-Bank to frame Rules for regularising the services of the workmen within a period of nine months from the date of passing of the award.

2. Brief facts of the case are that various workmen who were working as Gunmen in the petitioner- Bank submitted a demand notice dated 5.12.1995 (P-1) through Trade Union Council, Patiala. Eventually, on 26.10.1999, the Labour Commissioner, Punjab, made a reference to the Tribunal constituted under Section 7-A of the Industrial Disputes Act, 1947 (for brevity, the Act) for giving award on the following issues:

"1. Whether the daily wage gunmen are entitled to be regularised from the date of their appointment ? If yes, then what benefits are to be paid to the workmen ? 2. Whether the Gunmen are entitled to get arrears as per the scales of Nationalised Banks from 1988 ? If yes, then what benefits are to be paid to the workmen ? 3. Whether the gunmen are entitled to get their uniforms according to the seasons ? If yes, what are benefits they are entitled for ? 4. Whether the Gunmen are entitled to get Gunman allowance @ Rs. 100/- per month ? If yes, what are benefits they are entitled to ?"

3. On 11.2.2000, the workmen filed their statement of claim before the Tribunal (P-3). The case of the workmen was that during the period of terrorism in Punjab, the Banks were prone to robbery and dacoity. Accordingly, the Inspector General of Police, Punjab, allowed the Banks to engage security guards on daily wage basis until threat ceases. The workmen-gunmen were engaged by the Banks on daily wage basis and they continued to work as such since 1988. They claimed regularisation of their services as also grant of regular pay scales equivalent to the scales of pay drawn by their counterparts working in the nationalised banks w.e.f. 1988 along with arrears. Other than this, they also raised de- mand of providing seasonal uniforms according to the Government instructions issued from time to time for its employees. Their last demand was with regard to Gun allowance @ Rs. 100/- per month as is given by other Banks.

4. The petitioner-Bank contested the reference by filing reply on 19.7.2000 (P-4). It was urged that no appointment letters were issued to the workmen- gunmen because the job of security personnel is not of permanent nature. Moreover, no advertisement was issued in the newspapers and their appointments were made as per the resolution of the Bank. The petitioner-Bank also denied other demands raised by the workmen.

5. On 20.3.2003, the Tribunal passed an award giving its findings on the above mentioned four issues. The findings recorded by the Tribunal read thus:

"12. No evidence has been produced by the workman to show that they were appointed on regular posts as per requirement of the service Rules. In fact the sole witness Shri Darshan Singh, examined by the workman in this first line of his cross examination stated that he was not given any appointment letter. He further stated that his presence was marked separately and not on the staff register and he was paid salary after a week on daily wages basis. The perusal of the statement of this witness clearly indicates that the workman were not working on permanent posts but on daily wage basis. It is the case of respondent that the workmen were appointed on daily wage basis in view of the threat perception during the terrorism days, but it is in evidence that they are still working as a Gunmen, which shows permanent nature of their job. It is not the case of the Bank that there is no need of Security Guards at present. The claim of the workmen for regular appointment cannot be ignored. The contention of the authorised representative of the management is that they were appointed on the directions of Inspector Gener